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United Kingdom Intellectual Property Office Decisions |
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You are here: BAILII >> Databases >> United Kingdom Intellectual Property Office Decisions >> BUILDERS MATE (Trade Mark: Opposition) [1998] UKIntelP o28898 (27 April 1998) URL: http://www.bailii.org/uk/cases/UKIntelP/1998/o28898.html Cite as: [1998] UKIntelP o28898 |
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For the whole decision click here: o28898
Result
Section 5(2)(b) - Opposition successful
Points Of Interest
Summary
The opponents provided evidence to show extensive use of their marks ROOFMATE, WALLMATE, FLOORMATE, PERIMATE and AGMATE in relation to a range of insulation products, They, therefore, claimed that they had a reputation in the suffix MATE which indicated goods from their Company. The applicants claimed use of their BUILDERS MATE mark but such use was very specific in that it related to the name of their chain of do-it-yourself stores and no use was shown on actual goods. A claim was also made that others used MATE marks within the building supplies industry but use of such marks was not substantiated.
The Hearing Officer accepted that the opponents owned a family of MATE marks and that they had a reputation in relation to that word. He therefore concluded, in relation to insulation goods, that the opponents were successful in their opposition. Application allowed to proceed for other goods claimed.
